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R97-194RESOLUTION NO. R97-/~Z A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND POST, BUCKLEY, SCHUH & JERNIGAN, INC., TO PROVIDE FOR ENGINEERING AND DESIGN SERVICES THE GATEWAY BLVD. DESIGN PROVIDING AN EFFECTIVE DATE. FOR PROJECT; AND WHEREAS, the City Commission of the City of Boynton, upon recommendation of Staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to engage the services of Post, Buckley, Schuh & Jernigan, Inc., to provide engineering and design services to develop a set of plans for the construction of Gateway Blvd.; and WHEREAS, consultant was selected pursuant to Sec. 287.055, Florida Statutes (CCNA); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to :ex.e..cute the Consultant Agreement between the City of Boynton Beach and Post, Buc-~e'~---..~ Schuh & Jernigan, Inc., to provide engineering and design services to develop a set of. plans for the construction of Gateway Blvd., which agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /,¢ day of November, 1997. ATTEST: Cite'Clerk s:~4BuckLe~ g - 11/~97 CITY OF BOYNTON BEACH, FLORIDA Mayor _.....~_~~ ice Mayor / Commissioner pRODUCER 305 ' ' i6[SO~ ....... [ CO~ NO ~G~ ~ON T~ ~RT~CAT~ HOLD~, ~ ~I~cA~ Colhnswortb, Alter, N , I DOESNOT~'E~OR~TERT~CO~GE~EDBYT~ ..... Fowler & Dowling, Inc, I POLICI~ BELOW. ~ [ CO~S ~ORDING CO~GE Post Office Box ] co~ Miami Lakes, FL A ~oiiance National Indemnity x~URED COMP~ B Post, Buckley,Schuh & ~ernlgon COMP~ 200~ N.W. ]07TH Avenue C Miami FL 33~72 co~ D TYPE OF INSURANCE RAL LIABILITY ICOMM. GENERAL LIABILITY I OXVNER'S & CONTRACT'S PROT ALL OWNED AUTOe Tills IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC'F TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFF. POLICY EXP. DATE (MM/DD/Y~ DATE (MM/DD/YY) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY A~NY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER Professional Liability NTF2516646 9/30/97 GENERAL AGGREGATE PROD-COMP/0P AGG. PER5. & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE(One Fire) LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS[VEHICLESISPECIAL ITEMS 9/30/98 MED RXP(Any one per.n) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY IN~RY (Per accident) PROPERTY DAMAGE AUTO ONLY-EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EACH EMPL. $1,000,000 Limit Claim and Aggregate RE: Gatewav Boulevard Improvements Resolution #R97-194 and Consultant Agreement Form City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0'310 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Be 5 DAYS WRI'VFEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFF,'BUT FAILURE TO MAIL SUCH NOTICE SItALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, iTS AGENTS OR REPRESENTATIVES. AUTHORIZED~ ~ T Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A :MATTER OF INFORMATION ONLY ANti3 CONTERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. TI-frS CERTIFICATE IS NOT tMN iNSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that Post, Buckley, Schuh & Jernigma, !nc. 2001 N. W. 107 Avenue Name and address of LIBERTY MUTUAL® I 3 Insured. ' Miami, FL 33172 Is, at the issue date of this certificate, insured by the Company. under the poli~(ies).l!sted below. The insur..ance.afforded by .the listed policy.(i,es.I !s su~ to all th?ir terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or omer oocumant wire respect to Wl~lCa mis ceraficate may EXP. DATE · [] CONTINUOUS TYPE OF POLICY [] EXTENDED POLICY NUMBER LIMIT OF LIABILITY [] POLICY TERM : WORKERS COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION AL,CA, CO, DC, FL, GA, MD, Bodily Iniuw By Accident Each 06/30/98 WA1-15D-217333-177 $500,000 MA, NC, SC, VA, TX, NJ Accident Bodily Injury By Disease Policy $500,000 Limit Bodily Injury By Disease $500,000 Each Person General Aggregate - Oiler than Products/Completed Operations GENERAL $2,000,000 LIABILITY _ TB7-151-217333-047 Products/Completed Operatbns Aggregate [] OCCURRENCE 06/30/98 $1,000,000 ~-~ CLAIMS MADE Bodily Iniury and Property Darnafle Liability Per $1,000,000 Occurrence ~-~-' Personal and Adver~sing Injury Per Person/ RETRO DATE $1,000,000 Organization Other FIRE LEGAL [Other MED PAY I, [ smooot $25,000 Each Accident- single Umit AUTOMOBILE $1,000,000 B.I. and P.D. Combined LIABILITY [] OWN ED 06/30/98 AS7d 51-217333-037 Each Person Each Accident or Occurrence '[] NON-OWNED [] HIRED Each Accident or Occurrence OTHER UMBRELLA EXCESS $10,000,000 SINGLE LIMIT FOR BODILY INJURY AND LIABILITY 06/30/98 TH1-151-217333-077 PROPERTY DAMAGE LIABILITY OVER UNDERLYING LIMIT ADDITIONAL COMMENTS WC INCLUDES ALL STATES ENDORSEMENT RE: GATEWAY BOULEVARD IMPROVEMENTS . . THE CITY OF BOYNTON BEACH IS ADDITIONAL INSURED AS RESPECTS TO LIABILITY. * If the certificate expiration date is continuous er extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO.- ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS Mq APPLICATION QR FILES A CLAIM CONTAINING A FALSE OR DECEPTVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION.- (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION THE COMPANY WILL NOT CANCEL OR REDUCE THE ~ISURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 3 0 DAYS CE OF SUCH CANCELLATION HAS BEEN MAILED TO: r---- CITY OF BOYNTON BEACH cm-nmar~ P.O. BOX 310 H~D~R ~BOYNTON BEACH, FL 33425-0310 MARK S. ASHWOOD AUTHORIZED REPRESENTATIVE FT. LAUDERDALE OFFICE (800) 542-0055 12/1/97 PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L (FL) memorandum CC: From: Date: Re: Kerry Willis, City Manager John Guidry, Utilities Director Al Newbold, Deputy Director of Development Mike Pawelczyk, Assist. City Attorney Tambri Heyden, Planning Director Charlie Frederick, Recreation and Parks Director Wilfred Hawkins, Assistant to the City Manager C. Larry Roberts, Director of Public Works/City Engineer 11/07/97 Award Consultant Contract - Gateway Blvd. Improvements Attached is Copies of the following items: Scope of Work proposed for the project Fee Schedule for the design and engineering services Public Works Memo #97-255 Amended Contract Language The Scope of Work is a listing of items that has been negotiated with the Consultant for Engineering and Design Services for the Improvements of Gateway Blvd. The document defmes in detail the items that will be prepared under this contract. The Fee Schedule identifies the cost of the Engineering and Design Services offered. Memo #97-255 was written to outline the oredesi~tn breakdown of construction items involved with the improvements to Gateway Blvd. with associated cost estimates of the cost of construction and design, showing the total budget required for the project. The Memo also outlines some of the negotiated items that was removed from the original proposal, and the intended method for handling those items. During the negotiations, the Consultant requested changes in4he Proposed Contract language. These items were submitted to the City Attorney. The memo from the City Attorney's Office attached is the Amended Contract language proposed by the Consultant and approved by the City Attorney. This document would be the contract between the City and the Consultant should the City Commission approve the Proposal. Through an Interlocal Agreement Palm Beach County has funded this project to a limit of $750,000. It now appears that additional funding is required to adequately perform this project. November 7, 1997 The County Engineer has been given copies of the Fee Schedule and the Public Works Memo as a response to the City's request for additional funding for the project. Mr. George Webb, County Engineer is in the process of reviewing the estimates of construction items and costs. He suggested that there appeared to be justification for additional funding for the project, and recommended that the City award the design contract for the project while this analysis and acquiring of additional funds was proceeding. The design contract with the consultant is flexible in its scope such that should the design be controlled by the budgeted funding, this can be accomplished. The Consultant Post, Buckley, Schuh & Jernigan, Inc. has be very helpful during the negotiations, and remains cooperative in the City's needs in the project. It is recommended that the City award a contract for the Design and Engineering Services for the Improvements of Gateway Boulevard to the Consultant Post, Buckley & Jernigan, Inc. CONSULTANT AGREEMENT FORM THIS AGREEMENT, is entered between the City of Boynton Beach, hereinafter referred to as "the City", and ~'os'r, ~:~=LE?, .~c~u~/ ~ 3L=~.~JIG~.I~, I ,~hereinaffer referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform t~w k-~ ?~.~--e~-rl~,v services in connection with the project designated SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" a~ached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by from the date wdtten notice is given to proceed, unless an extension of such time is granted in wdting by the City. PAYMENT. The Consultant shall be paid by the City or completed work and for services rendered under this agreement as .follows: Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed ~",/1~l~ ~ ~C" without express written modification of the agreement signed by the The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount of approved. Final payment of any balance due the Consultant of the total contract pdce earned will be made promptly upon its ascertainment and verification by the City after the Completion of the work under this agreement and it's acceptance by the City. Payment as provided in this section Shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to the agreement are to be kept available for inspection by representatives of the City and State for a period of three 93) years after final payments. Copies shall be made available upon request. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, 10. specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavor's~ COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, and employees, from and against any and all losses or liability, or any portion thereof, including attomeys fees and costs, adsing from injury or death to person, the employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of see ~-~rr "~3' per occurrence and professional liability insurance in the amount of $~'~' ~-,,~tsrr "a ' Insurance should be acquired based upon the limits set forth in the Insurance Advisory Form attached hereto as Exhibit "B," or substantially in compliance with said form to the approval of the City of Boynton Beach Risk Manager. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither consultant nor employee of consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with res pect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide 11. 12. 13. 14. 15. 16. employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall be .the right to annul this contract without liability or, in its discretion to deduct from the contract pdce or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION. The City reserves the dght to terminatethis agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a-bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. DISPUTES. Any dispute out of the terms or conditions of this agreement shall be adjudicated within the courts of Flodda. Further, this agreement shall be construed under Florida Law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 Notices ta Oonsultnnt shall be sent to the follawing address: ~os~,~uc~c~ ,%c~q~, ~ 3~~, I~c. ATTN: ~::~UG 17. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any striCken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or ag reements written or oral. This agreement may be amended only by written instrument signed by both the City and .Consultant. DATED this ~ day of ~OVE~i3E6'<. 19 (~'~. CITY OF BOYNTON BEACH Ma~or ~ / Attest/Authenticated: City'Clerk (~ffice of the C'~y/Attorney s:ca\develop\Gateway Blvd~Consultant Contract Consultant WILLIAM W. P, ANDOt. P~ CHAIRMAN OF THE BOARD Title (Corporate Seal) Attest/Authenticated: Secretary ~ BECKY S. SCHAFFER ASSISTANT SECRETARY SCOPE OF CONSULTANT SERVICES GATEWAY BOULEVARD FROM SEACREST BOULEVARD TO FEC RAILROAD SUBMITTED TO: CITY OF BOYNTON BEACH PREPARED BY: POST, BUCKLEY, SCHLq-I & JERNIGAN, INC. NOVEMBER 5, 1997 E~H~a t-r' A Scope of Consultant Services Gateway Boulevard November 5, 1997 PROJECT DESCRIPTION AND OBJECTIVE The purpose of this exhibit is to describe the scope of work and the responsibilities of Post, Buckley, Schuh & Jemigan, Inc., hereinafter referred to as "CONSULTANT" in connection with the design and preparation of final roadway plans for the roadway thoroughfare of Gateway Boulevard. The scope of work described herein is based on the preferred construction improvement outlined in the inter-local agreement. Professional Engineering Services are required for the preparation of fmal roadway and structural construction documents for the construction of Gateway Boulevard from Seacrest Boulevard to FEC railroad; extending approximately 4,000 feet in length. The 2/3 lane roadway design of Gateway Boulevard will be within an 80 foot fight-of-way consisting of 40 feet of pavement (2 - 11' through wavel lanes, 1-12' bi-directional mm lane, and 2-3' shoulders), 2 foot curb & gutter, and 5 foot wide sidewalks. A divided roadway at the east end will be reconstructed around the City's Royal Palm Clubhouse. The general project' objective is for the CONSULTANT to perform engineering services required to prepare final roadwaY, lighting, and landscaping construction documents. Elements of work will include survey, geotechnical, roadway, intersection improvements, drainage, signing and pavement markings, maintenance of traffic, environmental permits, bid documents and specifications, and all necessary incidental items for final roadway plans. It shall be the CONSULTANT's responsibility to utilize the good engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the City of Boynton Beach, hereinafter referred to as "CLIENT", and others as necessary, management of time and resources, and documentation. PROFESSIONAL ENGINEERING SERVICES The project will be divided into three phases: Phase I (Data collection, synthesis, survey, geotechnical); Phase II (Plan formulation and implementation); and Phase III (Constmction Phase Services). The CONSULTANT is responsible for all services required for the preparation of the contract documents for construction and tasks described herein. These professional engineering and survey services shall include, but not be limited to, the survey, geotechnical exploration, design, document preparation and permitting for all construction within the prOject limits. Construction documents shall include, but not be limited to: roadway, drainage, signing, pavement marking, utility coordination, cost estimates, maintenance of traffic plans, and permit procurement. Scope of Consultant Services Gateway Boulevard November 5, 1997 Plans shall be prepared in accordance with the latest editions of the Palm Beach County's Thoroughfare Road Design Procedures, Manual on Uniform Traffic Control Devices, Florida Department of Transportation's (FDOT) Plans Preparation Manual, FDOT's Roadway and Traffic DeSign Standards, and Federal Highway Administration's AASHTO Geometric Design Book. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and coordination of all surveys, designs, drawings, specifications, and other incidental services. The CONSULTANT shall also be responsible for providing continuous quality control and quality assurance reviews prior to each submittal in accordance with "standard practice" according to procedures recommended by the National Society of Professional Engineers (N.S.P.E.). The measures to be provided shall be sufficient to establish that "due care" has'been utilized in preparation of the work and documents. PHASE I DATA COLLECTION, SYNTHESIS, SURVEY, GEOTECHNICAL Survey Tasks: 2. 3. 4. 5. 6. 7. 8. 9. Reconnaissance and recovery of survey control points and geodetic stations. Establish Baseline of Survey. Recover existing vertical control and establish site benchmarks at appropriate intervals as referenced to the National Geodetic Vertical Datum of 1929. Locate all above ground, visible improvements within the corridor fights-of-way. Obtain cross section elevations at 100 foot intervals, extending 20 feet north and south and west of the centerline, together with ail significant changes in grade. Provide topographic drawings at a scale of inch equals 20 feet in addition to AUTOCAD file for same. Provide ASCII file with topographic points for use in development of project's Digital Terrain Model. Project coordinates will be referenced to the North American Datum 1983/1990. Stake horizontal locations and determine elevations for approximately 22 boring locations. Survey 0ualifications:. Official Notification will be required prior to the commencement of project activities. All field and office tasks will be performed in accordance with the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Chapter 472.027, Flodda Statutes and Rule 61G17-6 of the Florida Administrative Code. This proposal does not include the depiction of the location of underground utilities or matters of record that a current opinion of title may reveal. If these services are required, it shall be considered supplemental to and subject to fee negotiation. 2 Scope of Consultant Services Gateway Boulevard November 5, 1997 Right-of-Way Maps are not included in the Proposed Scope of Services. Parcel sketches will be provided on a maximum of two parcels. Geotechnical: 4 Standard Penetration Test (SPT) Borings - Two (2) SPT borings will be drilled to shallow depths (15 feet) for light foundations. Pavement cores - Three (3) each. Auger Borings - 10 borings on 600-foot centers drilled to depths of 7.5 feet. Laboratory Soils Testing - analysis of collected soil samples for physical properties such as gradation (sieve), organic content, stability, and moisture content. Engineering Evaluation and Report - geotechnical report with text, tables, and drafted sheets, in standard Palm Beach County / FDOT format; presenting the gathered field and laboratory data, as well as design recommendations and also for roadway embankments, as well as pavement sections. AERIAL MAPPING: PHASE II PLAN FORMULATION AND IMPLEMENTATION (IMPLEMENTATION & FINAL DESIGN) The CONSULTANT shall be responsible for all services' required for the preparation of the following contract documents: - prepare plan/prof'fle sheets, drainage/stormwater design, intersection details, typical ary of quantities and drainage structures, cross section sheets, miscellaneous construction details, traffic control plans. Landscape Architectural Tasks: Review existing conditions to determine aesthetic functional opportunities and constraints for corridor improvements. Def'me desired proposed elements and corridor character ia a collaborative effort with city staff and applicable committees. This collaborative effort would occur at a work shop type setting (optional service) that would allow for the participation of all responsible and effected parties. Elements would include trees, sidewalk pavements, lighting, signage, architectural elements and any appropriate street furnishings. Create illustrative drawings depicting the proposed solution and present to the City Commission (optional service). Scope of Consultant Services Gateway Boulevard November 5, 1997 Develop landscape and irrigation construction plans, details and specifications for the implementation of the approved design. Plans will be drawn to a scale of one inch equals 20 feet. Si?lng and pavement marking plans - prepare tabulation of quantities, general notes, plan sheets. Contract documents and specifications - prepare contract bid documents and project technical specifications. The CONSULTANT will attend the pre-bid meeting and will assist the CLIENT with evaluations of contractor bids. Permitting - procure permits from the following regulatory agencies: South Florida Water Management District - Environmental Resource Permit Palm Beach County Engineering and Public Works Palm Beach County Environmental Resource Management - Vegetation Removal Permit U.S. Environmental Protection Agency - NPDES / SWPPP Permit Florida Department of Transportation- Signal Permit, Vehicular Access Connection Permit Florida Game and Fresh Water Fish Commission - Gopher Tortoise Relocation Permit Utility Coordination- the CONSULTANT shall coordinate the design efforts with utility companies owning facilities within the project limits, including but not limited to the following agencies: Florida Power and Light Company Bell South City of Boynton Beach PHASE m CONSTRUCTION PHASE SERVICES Po~t Design Services:As part of basic services, a variety of tasks are needed in support of the field inspection and operations staff during the progress of the work, including: Attend pm-construction and coordination meetings; Respond to design related requests and approval of materials and equipment; Attend weekly progress meetings as needed; Serve as a liaison between CLIENT, Contractor, permitting agencies; Review shop drawings; Analyze claims for additional compensation; ReView applications for payment; 4 Provide CADD files to City's Full Time Resident Project Representative (RPR) so that record CADD can be prepared. Unless the RPR services are provided by PBS&J, the accuracy of the CADD files can not be attested to. At the option of the CLIENT, the CONSULTANT shall provide constructiOn engineering and inspection services during construction. Upon satisfactory completion of the negotiations, a Supplemental Agreement, fOr the construction phase shall be executed with the CONSULTANT. The CONSULTANT will provide CEI services before, during, and after construction of the project, providing its expertise during all elements thereof, particularly those affecting cost, time of construction, expeditious and efficient completion of the project, and public impact. CEI services will include Contract Administration and Management, Resident Inspection of Construction, and Recordation. The CONSULTANT shall provide to the CLIENT qualified representation during the construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared in the work. Should changed conditions be encountered in the field and when requested by the CLIENT, the CONSULTANT shall respond in a timely manner with suitable engineering solutions which take into account the changed conditions. OPTIONAL DESIGN SERVICES Optional design services will be provided based upon further investigation and project needs. y:\COMMONLPROPOSAL\GATEWAY~GATEWAY.WPD ATTACHMENT A Design/Construction Packaging Design will require one construction package covering all elements of design. The cost estimates will be verified as part of the preliminary phase. Design will meet Palm Beach County design standards, but may deviate County standards substantially to meet budgetary constraints. Design Elements/Assumptions na Project limits will be defined inter-local agreement with Palm Beach County. No improvements are within the recreation center. Preliminary design will be done based upon many of the assumptions listed below. Roadway typical will be established based upon available fight of way and input from Palm Beach County. Bicycle Path will be provided informally as a paved shoulder. Roadway Plans will be developed based upon widening/reconstruction as feasible. Drainage schemes will be developed based upon a reevaluation of the current drainage plan. Back of sidewalk sketches will be developed and used for analysis only. Anticipate drainage system with no outfall, as currently drainage exists using exfiltration trenches. NPDES/SWPPP - By referencing FDOT indexes with permit required by contractor. Water - for conflict areas only. Sewer - for conflict areas only. Landscaping -will be developed for the project's entire length. Streetseaping - Brick pavers are not anticipated. Signal Design not required. Replacement of loop detectors only. Lighting will be developed based upon relocation/coordination with private eomp~es. Lighting levels will not be required to meet FDOT and Palm Beach County requirements for roadway lighting. Lighting will be provided for pedestrian level where feasible at approximately 0.5 foot candles. Other utilities - relocation/coordination with pfivate companies. Railroad crossing design/coordination required at Gateway Boulevard and FECRR. Permits required from SFWMD, LWDD, Palm Beach County Health Department. No permit from FDOT is anticipated. Cost and Quantity Estimates - will be provided at the preliminary and final plans development stages. Quantity Estimates for final plans will be provided in the' form of a Computation Book following the Computation Manual. Mapping/Right of Way Assumptions Aerial mapping will be provided in digital vector planimetric. Supplemental survey. i. Stake the centerline with stationing painted, ii. Set bench marks, targets, iii. Collect supplemental gro~md data~ iv. Collect undergroUnd data, pothole utilities, v. Cross sections and other vertical data, etc. vi. Critical item will be to detail driveways vertically at all locations within 20 feet of the fight of way. Parcel sketches and descriptions are anticipated for a maximum of 2 parcels. Co Information provided by the CITY. ao Utility Atlases and Master Plans. Location of Proposed utilities. Horizontal and vertical locations of all water ands sewer laterals. Y:\COMMON~ROPOSAL\GATEWAY~ATrACHA.WPD City of Boynton Beach Risk Management Department ATTACHMENT ~ INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to liability." (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Proc Liquor Liability Professional Liability ',& Officers General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $ 5O,000.00 $ 5,000.00 Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Garage Liability Any Auto Combined single Limit Bodily Injury (per person) Bodily Injury (per accidenO $1,000,000.00 to be determined to be determined to be determined $ 50,000.00 Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $1,0000,000.00 $ 100,000.00 $1,000,000.00 $1,000,000.00 Excess Liability Umbrella Form Worker's Compensation Employer's Liability Each Occurrence Aggregate to be determined to be determined Each Accident Disease, Policy Limit Disease Each Employee Statutory Limits $ 100,000.00 $ 500,000.00 $ 100,000.00 Other - As Risk Identified to be determined INSURANCEADVISORYFORM02 Revised 06/97 City of Boynton Beach Fee Schedule Gateway Roadway Project Basic Design Planning Options sheets/notes Hours Fee Hours Fees Basic Design Fees ~ Roadway 8 5305 37,980 32 $ 2,293 Cross Sections ' 15 120 $ 7,481 Drainage 2 292 $ 20 263 Utility Coordination 1 48 $ 3,275 Subtotal Basic Design Svs 26 990 $ 68,999 32 $ 2,293i Additional Design Fees Signing and Marking 88 $ 6,251 ' Traffic Control Plans 1 - $ - Lighting(By FPL) 5 - $ - DecOrative Lighting Premium . 5 120 $ 7,!56' Land~caPingllrrigation 6 180 $ 11,769 ~ Landscape Planning 179 $ 10,827 SPecifications Boiler Plate Review 0 48 $ 4,176 Quantities and Estimates 0 48 $ 3,139 Permit SFWMD and RR . 102 $ 8,374 Utilit~ Adjustments 7 56 $ 3,821 SubtOtaI.Add'l Design Fees 24 522 $ 37,530 299 $ 17,983 Eng. Data Collection Surveying I $ 19,680 Aerial Mapping $ 3,855 Geofechnical . - $ 5,500 Bidding Phase 32 $ 2,084 SubtOtal Eng. Data Collections 32 $ 31,119 $ - Design Services Total 50 # 1,544 $ 137,648 331 $ 20,276 Optional Services Parcel Sketches ( 2 at 350) $ 700 General Observation 6 mo. 12/mo 92 $ 8,005 Inspection Services By City Staff - $ - Materials Testing By Contractor $ - Total Optional Services $ 8,705 Total Project Cost $ 146,352 331 $- 20,276/ Gateway.xls Post Buckley Schuh Jernigan 11/6/97 CITY OF BOYNTON BEACH MEMORANDUM TO: FROM: RE: DATE: C. Larry Roberts, Director of Public Works/City_ ~ _~'~ ')Engineer Michael J. PawelCzyk, Assistant City Attomey~ Gateway Boulevard Project October 8, 1997 Enclosed herein are the documents you provided to this office for review, as well as the revised Consultants Agreement. I have incorporated the changes requested by Broughton K. Lang, Esq. In the revised Agreement. Either your department and/or the consultant still must prepare a Scope of Services (Exhibit "A") to attach to the Agreement. Should you have any questions, please do not hesitate to contact me. ca~tevelop¥=,ateway project~obem memo 2 memoran&un To: F rom: Date: Re: Kerry Willis, City Manager C. Larry Roberts, Director of Public Works/City Engineer 10/15/97 Consultant Selection-Gateway Boulevard Using predesignl figures supplied by the proposed consultant, Post, Buckley, Schuh & Jemigan, it appears that the following will be the cost of construction of Gateway Boulevard: Grading and Paving $556,794 Drainage 311,440 ?;~ii~i~. Water ~tility Adjustments 23,400 ::;?:~:~!!!~::!~wer Utility Adjustments 15,500 ~.~; !').?~¢mgt~¢al Adjustments 9,750 Royal Pa~ Tre~ 10~ $5000 O~ Tr~ 10~ $1500 Scrubs 60~ $25 Iffigafiou System $ 916,884 $ 48,750 (questionable may be provided by FPL) 50,000 15,000 1,500 4400LF ~ $8.00 36,200 Total Additional Items $151,450 SubTotal Project Costs Allowing for a 20% Contingency $1,068,334 $ 213,666 TOTAL PRO. CT COSTS $1,282,000 The following is the proposed schedule of design services: October 15, 1997 BASIC DESIGN SERVICES DESIGN PLANNING ITEM SHEET/NOTES HOURS FEE HOURS FEE Roadway Design. 8 530 $ 37,980 32 $2,293 Cross-Sections 15 120 $ 7,481 Drainage 2 292 $20,263 Utility Coordination 1 48 $ 3,275 Subtotal Basic Design Services 26 990 $68,999 32 $2,293 ADDITIONAL DESIGN SERVICES DESIGN PLANNING ITEM SHEET/NOTES HOURS FEE HOURS FEE Signing and Marking 88 $ 6,251 Lighting Report 28 $ 2,142 Decorative Lighting Premium 5 80 $ 4,770 Landscaping/Irrigation . 6 180 : $11,769 Landscaping Planning 179 $10,827 Specifications Boiler Plate Review 48 $ 4,176 Quantities and Estimates 48 ' $ 3,139 Permit sFWMD & RR - 102 $ 8,374 Utilities Adjustments 7 ' 56 , $ 3,821 Subtotal Add'! Design Fees 18 522 i $37,530 287 $17,739 ENGINEERING DATA COLLECTION ITEM SHEET/NOTES HOURS FEE Surveying $19,680 Aerial Mapping $ 3,855 Geotechnical · $ 5,500 Bidding Phase . 32 $ 2~084 .Subtotal Eng Data Collection 32 $31,119 TOTAL DESIGN SERVICES 44 1544 $137,648 319 $20,032 2 OPTIONAL SERVICES October 15, 1997 ITEM SHEET/NOTES HOURS FEE Parcel sketches (2~ $350) $ 700 General Observation 6mo 12/mo 92 $ 8,005 i Subtotal Optional Services 92 $ 8,705 DESIGN PLANNING SHEETS HOURS FEE HOURS FEE TOTAL ENGINEERING COSTS 44 1636 $146,352 319 $20,032 TOTAL CONSTRUCTION COSTS $1,282,000 i~OTAL PROJECT COSTS DESIGN AND CONSTRUCTION $1,428,352 PLANNING $20,032I In the original proposal presented by the consultant, there were several items that were asked to be removed, or negotiated to more acceptable levels. There was an item under additional design fees for preparing a Traffic Control Plan. The plan would have required 88 hours to produce 1 sheet of plans with a cost of $7,529. The item will now be placed in the contract specifications, and the construction contractor for the project will be responsible for preparing such a plan, meeting our approval. There was an item in the original proposal under additional design fees for Lighting that would have required 88 hours to produce 5 plan sheets at a.cost of $5,099. A call was made to Rusty Rossello with FPL. He replied that given a particular illumination level set for the project, FPL would do all the design work for the lighting. He also indicated that it would probably be necessary to move many of'the poles involved with the' construction of the project, and the reconstruction could be coordinated with the lighting design, such that the installation of lighting may be at a much diminished, or even no cost. This item was then removed from the proposal. Any desire for decorative or architectural lighting will not be available through FPL, and will require additional design services. This additional design has been included as a fee under the Planning column. October 15, 1997 In the original proposal there was an item for Landscaping/Irrigation Design that was listed at $18,308. The number just appeared to be high. The proposer had planned to subcontract this item to another engineer. Upon bringing this up to the subcontractor, it was determined that the original proposal would have been coordinated with the lightingdesign, and the placement of landscaping would be critical to the maintenance of a light level. This requirement seemed unnecessary. The sub engineer therefore reduced his proposal to 180 hours of work for $i 1,769. Should the City desire more elaborate landscaping consideration, an item has been included in the proposal for Planning that has been inserted for this purpose. This project is.the type that needs on hand, full time construction inspection. There was an item in the original prOposal which provided 1040 manhours, for 4 months of construction inspection services for $59,873. It is thought that this figure is too high. With the thoughts that we should be setting up an 'Engineering Department, this could well be its first employee. There should be considerable savings in h~ving this service in house. A copy of the language revisions for the contract proposed by the Consultant was given to the City Attorney's Office. The City Attomey has reviewed the proposed changes, and found them to be acceptable. A new Contract has been drafted showing the Proposed Cl~anges. With the above considerations, it is recommended that the City enter into the Contract with Post, Buckley, Schuh & Jernigan, Inc. for providing design and engineering services for the construction of Gateway Boulevard. CC: Al Newbold, Development John Guidry, Utilities Charlie Fredericks, Recreation Tambri Heydon, Planning Mike Pawelczyk, Attorney Wilfred Hawkins, C.M. File 4 Boynton Beach P.O. Box 310 BoytUon Beach, Flor/de 3342,5-0310 F~: [~1) December 17, 1997 Becky $chaffer, Esq. Post, Bucldey, Shuh, & Semigan, Inc. 2001 NW 107~ Avenue Miami, Florida 33172 VIA FACSIM~E ONLY Re: Gateway Boulevard Improvements Contract for Consulting Scrvices Contractual issue reoardln~ insurance reouirements Dear Becky: This office bm discussed thc above matter with thc City's Risk Management Specialist, who has indicated his acceptance of thc Ictter dated December 11, 1997 from W. Meade Co]lin,~vorth of CollillSWOffi% Alter, Nielson et al. Your company will be required to maintain a claims made policy for Professional Liability exposures at thc limits mfcrcnced in Exhibit "B' to the contract. Should you have any questions please do not hesitate to contact me. Yom very truly, MICHAEL J, PAWELC~.YK ASsistant City Attorney cc: Chuck Magazine, Risk Management "An Equal Opportunity/Affirmatiue Action/ADA Employer"